What’s The Difference Between a Land Grant and a Land Patent

//What’s The Difference Between a Land Grant and a Land Patent

What’s The Difference Between a Land Grant and a Land Patent

In the realm of land ownership and governance, two terms that often cause confusion are “States under a Land Grant” and “States under a Land Patent.” These concepts are integral to the history of land distribution and property rights in the United States. In this post, we’ll delve into the key differences between these two categories and shed light on their significance.

States under a Land Grant:

States that fall under the classification of “States under a Land Grant” are those that were granted land by the federal government through various acts and policies, particularly during the expansion of the country towards the west. The federal government transferred large portions of public domain land to these states, enabling them to manage, sell, and develop the land for the benefit of their residents. The land grants were often given for specific purposes, such as funding education, building infrastructure, or supporting public institutions.

These states received parcels of land as part of the agreement between the federal government and the state government. Consequently, the states had control over these lands, including the authority to sell, lease, or utilize them as they deemed fit. The land grant system played a crucial role in the westward expansion, fostering settlement and development in previously uncharted territories.

States under a Land Grant:

  1. California
  2. Oregon
  3. Washington
  4. Nevada
  5. Utah
  6. Colorado
  7. Wyoming
  8. Idaho
  9. Montana
  10. New Mexico
  11. Arizona
  12. Nebraska
  13. Kansas
  14. Oklahoma

States under a Land Patent:

On the other hand, “States under a Land Patent” refer to states that were admitted into the Union with landownership claims dating back to the time before the state’s formal establishment. Land patents were legal documents issued by the federal government to individuals or entities as a proof of ownership for a specific piece of land. These patents were often issued based on land claims established prior to the state’s incorporation.

States under a land patent possess a unique historical context. These states were often part of the original thirteen colonies or territories acquired by the United States through treaties or negotiations. The land patent system ensured that existing land titles and ownership claims were recognized and protected, thereby avoiding potential disputes over property rights.

States under a Land Patent:

  1. Massachusetts
  2. New Hampshire
  3. Connecticut
  4. Rhode Island
  5. New York
  6. New Jersey
  7. Pennsylvania
  8. Delaware
  9. Maryland
  10. Virginia
  11. North Carolina
  12. South Carolina
  13. Georgia
  14. Vermont
  15. Maine
  16. Kentucky
  17. Tennessee
  18. Ohio
  19. Indiana
  20. Illinois
  21. Mississippi
  22. Alabama
  23. Louisiana
  24. Missouri
  25. Arkansas
  26. Michigan
  27. Florida
  28. Texas
  29. Iowa
  30. Wisconsin

Key Differences:

The primary distinction between “States under a Land Grant” and “States under a Land Patent” lies in their acquisition of land. States under a land grant received land from the federal government as part of their development, whereas states under a land patent had established land ownership claims prior to becoming a state.

Another difference is the time frame in which these designations were relevant. States under a land grant emerged during periods of significant territorial expansion, whereas states under a land patent typically have historical roots tracing back to the colonial era or early territorial acquisitions.

In conclusion, the difference between “States under a Land Grant” and “States under a Land Patent” is rooted in their origins, land acquisition processes, and historical contexts. While both categories contribute to the diverse tapestry of land ownership in the United States, their distinct characteristics highlight the intricate relationship between history, governance, and property rights.

By |2023-08-18T10:51:42-04:00August 18th, 2023|Blog|6 Comments

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  1. Rayna Harvey December 23, 2023 at 4:19 pm - Reply

    What about Hawaii?

    • A.W.A.R.E December 23, 2023 at 5:24 pm - Reply

      Greetings, Rayna,

      We can help you get a land grant or patent in Hawaii. If you’d like more information, you are welcome to email us at allodial@areweallreallyeducated.com to inquire more details on how we can help you.

      Thank you!

  2. Ed January 21, 2024 at 3:34 pm - Reply

    Are you saying if you have federal land patents in California they become a land grants. How can they change a certified copy of a patent to a grant. We owned the land before the Treaty of Guadalupe Hidalgo and before California became a state. Besides it took 29 to 32 years to have the patent issued with authority 9 stat. 631.

    • A.W.A.R.E January 31, 2024 at 10:33 pm - Reply

      Greetings, Ed,

      Each state is different and depending on the state, your allodial title might be a land patent or a land grant.

      California State is under a land patent being that the BLM has access to the original land patent. Having this extra layer of added protections means that you completely own your land as you do not own it especially if there is a lien on it by the state.

      Feel free to contact us for more information. Peace and blissings!

  3. Kevin Carbis February 2, 2024 at 7:12 am - Reply

    Is washington state the same way? You can only get a grant and not a patent? Does a grant still determine ultimate ownership?

    • A.W.A.R.E March 6, 2024 at 4:25 pm - Reply

      Greetings, Kevin,

      We can help you obtain a land patent for Washington state. Please email us at allodial@areweallreallyeducated.com for more information. If your home has lien on it, unfortunately, you wouldn’t qualify for the Land Patent process. Having your home free and clear with the land patent is the path to having ultimate ownership along with protecting your home inside a trust.

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